Surprisingly many organisations routinely record telephone conversations. If you think that either your employer or another organisation – your employer’s PHI provider, for example, or its external HR consultants – may have recorded telephone conversations with your employer about you that are relevant to your case, you can ask for those either by way of a request for disclosure in the course of proceedings or by way of a subject access request under the Data Protection Act 1998. For how to go about this, see paragraphs 4.57-4.63 of the book or the website of the Information Commissioner’s Office.

(Thanks to Julia Stahl of Shawcross Solicitors for this insight.)